After being sued, you can counterclaim. Counterclaim is the litigation right given to the defendant by the civil procedure law, but it must be a counterclaim in the sense of civil procedure. Civil counterclaim refers to the relative civil rights request made by the defendant to the plaintiff through the court in the civil litigation procedure that has already begun.

Legal analysis

Counterclaim in the procedure of second instance mainly refers to whether counterclaim can be filed in the procedure of second instance. The conditions of counterclaim must meet the conditions of civil action and prosecution. Conditions for counterclaim: (1) A counterclaim can only be brought by the defendant of this lawsuit against the plaintiff of this lawsuit, and can not be brought against anyone other than the plaintiff. (2) A counterclaim can only be brought to the court that accepts this complaint. (3) Counterclaim and this lawsuit must apply the same procedure. (4) Counterclaim cannot be the exclusive jurisdiction of other courts. (5) The counterclaim must be related to this claim in fact or law. (6) Time limit for filing. According to the relevant laws and regulations, after the case is accepted and before the court debate is concluded, if the plaintiff adds a claim, the defendant makes a counterclaim and a third party makes a claim related to this case, the people's court shall try it together. Although counterclaim is related to this lawsuit, it is independent and can exist without this lawsuit. Generally, it will be tried together with this lawsuit, but if the plaintiff withdraws the lawsuit, the counterclaim can continue to be tried. If the plaintiff does not appear in court, the court may make a counterclaim by default.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 51 The plaintiff may waive or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.

Article 140 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together.

Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.